Created by Fuzzy Cloud

Patna High Court

Manoj Sahni @ Manoj Kumar SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, as the recovery of illicit liquor was not made from the petitioner's conscious possession, anticipatory bail was warranted.

Summary

Manoj Sahni was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 129 litres seized from two motorcycles. He contended that he neither owned nor drove the vehicles and that the liquor was not in his conscious possession, arguing that the case was based solely on a villager's disclosure. The Additional Public Prosecutor opposed his anticipatory bail. The court examined the facts, noting the lack of direct possession by the petitioner, and considered his prior criminal case on bail. Consequently, the court directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was conditioned on compliance with the Special Judge's satisfaction.

Issues considered

  • Whether anticipatory bail should be granted when the accused is not in conscious possession of the seized illicit liquor.
  • Whether the allegation based solely on a villager's disclosure suffices to deny bail.
  • Whether the petitioner's prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • IPC
  • Bihar Prohibition Act
  • CrPC
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.43023 of 2026
                    Arising Out of PS. Case No.-66 Year-2024 Thana- BASOPATTI District- Madhubani
                 ======================================================
                 Manoj Sahni @ Manoj Kumar Sahni S/o Charitra Sahni @ Chalitra Sahni
                 Resident of Village - Kodarkatta, Bundelkhand, P.s.- Basopatti, Distt.-
                 Madhubani

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Bhavesh Kumar Sah, Advocate
                 For the Opposite Party :        Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   02-07-2026                    Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Basopatti P.S.

                   Case No.66 of 2024 registered under Sections 272, 273 and

                   34 of IPC and under Section 30(a) of Bihar Prohibition and

                   Excise Act.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 129 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the recovery of alleged illicit liquor was
Patna High Court CR. MISC. No.43023 of 2026(2) dt.02-07-2026
                                            2/3




          made from two motorcycles, which was involved in carrying

          illegal consignment of liquor. It is also submitted that the

          name of petitioner arrayed solely on the disclosure made by

          the local villager. It is further argued by the petitioner that

          petitioner is neither the owner of the said vehicle nor the

          petitioner was the driver of the said vehicle. It is also

          submitted that recovery of illicit liquor was not made from

          conscious possession of this petitioner. Explaining criminal

          antecedent, it is submitted that petitioner found involved in

          one criminal case, where he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, accordingly, the petitioner, above-named, in the

          event of his arrest or surrender in the court below within a

          period of four weeks from today, is directed to be released

          on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.43023 of 2026(2) dt.02-07-2026
                                                       3/3




                     satisfaction of the learned Exclusive Special Judge Excise

                     Act,     Madhubani, in connection with Basopatti P.S. Case

                     No.66 of 2024, subject to the conditions as laid down under

                     Section 438(2) of the CrPC/under Section 482(2) of the

                     BNSS.


                                                       (Chandra Shekhar Jha, J.)

Aniket/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.